THE NATIONAL BOARD OF PATENTS AND REGISTRATIONS OF FINLAND ESTABLISHES A LIST OF MARKS WITH A REPUTATION

10.08.2007

Receipt of applications for entry into the list of trademarks with a reputation began on August 15, 2007. It is a particular list, maintained by the national authorities for the purpose of distributing knowledge of marks with a reputation, as stipulated in the Trademarks Act 6(2).

The list does not have legal effects but it facilitates the production of proof that the mark is reputed in Finland and it promotes the knowledge of marks with a reputation in general.

A significant amount of transit traffic from Asia to Russia and all over the world takes place through Finland. The Finnish Customs routinely check the shipments and inform the Finnish agents of possible infringements. It has also been proposed that the Finnish Customs officials would use the list in the investigation of counterfeiting cases.

If the Office, while processing subsequent trademark registration applications, in its examinations finds a mark liable to be confused that has been entered in the list, this fact will be notified to both the person who filed the application and the owner of the earlier trademark with a reputation, regardless of the class or classes in which the mark is sought to be registered. Thus, the list serves also as an auxiliary tool for trademark watches.

The trade mark must have a reputation in Finland in order to be accepted in the list as stipulated in the Trademarks Act 6(2). An entry in the list will remain in force for five years.

Anybody may request for removal of the entry from the list, if the mark has been entered in the list contrary to the conditions stated in the Finnish Trademark law, or if the reputation of the mark no longer meets the requirements stated in the law.

The applications for trademarks with a reputation are subject to a fee and there is no right of appeal for the part of solutions regarding the list.

Benjon is one of Finland's leading trade mark specialist law firms. Our expert service range also includes all other legal services for intellectual property rights, such as marketing law and IT law.

We offer our expertise in the applications for trademarks with a reputation and we are pleased to provide further information in the matter.

The statement of the Patent Office can be found at http://www.prh.fi/en/uutiset/775.html.

For further information, you can also contact:

Asta Uhlbäck
Phone: +358 9 565 79422
asta.uhlback@benjon.fi